Liability Question

[Anonymous]

While driving my kids to school down an insanely narrow Capitol Hill street this morning, a massive truck came barreling down towards me, without slowing down or allowing me to pull over into a nearby vacant spot so we wouldn’t collide. While trying to prevent a more serious accident I steered to the side, unfortunately damaging the mirror of a parked car.

I left a note with my contact details.

My question is whether I’m 100% liable for the damage to the mirror, even though the massive, barreling truck (in my view) was the negligent driver.

I have not been contacted yet but assume I will.

Thoughts? Thanks.

P.s.: I want to do the right thing but felt like I was a victim myself.

[Anonymous]

Of course you are liable.

[Anonymous]

It totally sucks, but since the truck didn't actually hit you, yes you are liable. You are the only one that made contact with another car. Now, if a cop saw the truck they might have given them a speeding ticket, but the accident is your fault.

[Anonymous]

You might not be. It will depend. If another driver's behavior caused you to swerve in order to avoid a serious accident and as a result you caused a minor one, you have a defense. Problem you are going to have is proving it if the truck didn't stop and you didn't get information. We see this defense all the time in litigation. If you go this route, it will be the phantom driver defense. Of course, some of the houses might have Ring doorbells and have video you could access to prove your defense.

[Anonymous]

You could have just stopped. Of course the damage to the other car was your fault!

[Anonymous]

There wasn't really a truck, was there?

[Anonymous]

Anonymous wrote:It totally sucks, but since the truck didn't actually hit you, yes you are liable. You are the only one that made contact with another car. Now, if a cop saw the truck they might have given them a speeding ticket, but the accident is your fault.

Nope.

[Anonymous]

Anonymous wrote:There wasn't really a truck, was there?

Heh,heh.

[Anonymous]

Anonymous wrote:You might not be. It will depend. If another driver's behavior caused you to swerve in order to avoid a serious accident and as a result you caused a minor one, you have a defense. Problem you are going to have is proving it if the truck didn't stop and you didn't get information. We see this defense all the time in litigation. If you go this route, it will be the phantom driver defense. Of course, some of the houses might have Ring doorbells and have video you could access to prove your defense.

Street cameras too? Put the system on trial!

[Anonymous]

Yes, you hit the car. How is this a question?